Environment Protection Authority v Dial-A-Dump (EC) Pty Ltd

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

01/12/2022

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Environmental harm

REVIEW TYPE

N/A

SUMMARY

SENTENCE: occupier of landfill charged with emission of offensive odour – plea of guilty – odour affected local residents over a three month period – substantial environmental harm caused – multiple victims – harm reasonably foreseeable – practical measures available to avoid or mitigate the harm – objectively serious – subjective factors – moiety ordered – environmental services order – publication order made – notice to residents ordered

“Regarding the rainfall event of March 2021, it was incumbent upon DADEC to anticipate and plan for the possibility of an extreme weather event, especially where the frequency of such events has increased as a result of climate change (which may be accepted as a matter of judicial notice), and to implement measures to mitigate the risks such an event posed to its operation. This is necessary for companies operating in the waste industry where extreme weather events occur and can pose acute risks. DADEC had control over the implementation of measures to mitigate against severe climate related risks, and therefore, had complete control over the commission of the offence.”

CASE DOCUMENTS

Environment Protection Authority v Dial-A-Dump (EC) Pty Ltd [2024] NSWLEC 21